When does a breach of a covenant not to compete violate N.C. Gen. Stat. § 75-1.1? Is tortious interference a per se violation of section 75-1.1? Departing-employee cases often raise both questions, but the answer to each question remains unsettled. The North Carolina Business Court weighed in on both of these […]
Does N.C. Gen. Stat. § 75-1.1 ever support liability simply because the price of a good or service is too high? To our surprise, a recent decision from the U.S. District Court for the Eastern District of North Carolina answers “maybe so.” In Respess v. Crop Production Services, Inc., Senior District […]
Can a third party use N.C. Gen. Stat. § 75-1.1 to sue an insurer based on an insured’s misdeeds? A recent decision by the North Carolina Business Court answers with a qualified “no.” North Carolina law has usually barred third parties from suing insurers. Courts have recognized exceptions, however, when […]
A recent decision reminds us that North Carolina’s bankruptcy courts often rule on claims under N.C. Gen. Stat. § 75-1.1. In re NC & VA Warranty Co. was an adversary proceeding in the bankruptcy of a warranty company. The company’s bankruptcy trustee tried to amend her complaint to assert breach-of-contract […]